Reports of Cases Determined in the Supreme Court of the State of California, Volume 109Bancroft-Whitney, 1906 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 7
... parties , at the time of its issuance or at any time , that the stock should be nonassessable , Under these circumstances it must be presumed that the stock so received was taken and held by defendant subject to the same conditions and ...
... parties , at the time of its issuance or at any time , that the stock should be nonassessable , Under these circumstances it must be presumed that the stock so received was taken and held by defendant subject to the same conditions and ...
Page 15
... parties , as explained in find- ing 5th herein , from said date till the commencement of this suit ; that from said date between the years 1869 and 1872 , until and including the 14th of October , 1879 , that said Hannum was in quiet ...
... parties , as explained in find- ing 5th herein , from said date till the commencement of this suit ; that from said date between the years 1869 and 1872 , until and including the 14th of October , 1879 , that said Hannum was in quiet ...
Page 27
... parties have once submitted a matter , or have had the oppor- tunity of submitting it , for investigation and determina- tion , and when they have exhausted every means for reviewing such determination in the same proceeding , it must ...
... parties have once submitted a matter , or have had the oppor- tunity of submitting it , for investigation and determina- tion , and when they have exhausted every means for reviewing such determination in the same proceeding , it must ...
Page 48
... parties , " and void as to certain third persons - subse- quent purchasers in good faith , etc. But transactions good between the parties thereto are good as against all others , unless there be some law to the contrary . Now , the ...
... parties , " and void as to certain third persons - subse- quent purchasers in good faith , etc. But transactions good between the parties thereto are good as against all others , unless there be some law to the contrary . Now , the ...
Page 71
... parties that defendant should have thirty days thereafter to plead . On the fourth day of October defendant filed and served a demurrer to the complaint , and a demand and notice of motion to change the place of trial to San Francisco ...
... parties that defendant should have thirty days thereafter to plead . On the fourth day of October defendant filed and served a demurrer to the complaint , and a demand and notice of motion to change the place of trial to San Francisco ...
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Common terms and phrases
adverse possession affirmed agreement alleged appeal apply assignment attorney authority bank bituminous rock bond cause of action certificate cited Civil Code Civil Procedure claim Code Civ Code of Civil complaint concurred consent constitution contract conveyance conveyed corporation court of equity creditors damages debt deceased deed defendant defendant's demurrer dollars election entitled equity evidence execution facts filed fraud GAROUTTE granted held homestead indebtedness insolvent interest Judge judgment and order jurisdiction jury land legislature liability lien ment mortgage mortgagor motion notice opinion order denying owner paid parties payment person plaintiff pleading possession premises prior probate purchase question quiet title railroad real property reason recover refusing respondent rule San Joaquin County statute stockholders Superior Court supra surety Sutter County therein thereof thereto tion trial trust Tulare County void water right
Popular passages
Page 155 - ... before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of contracting the same.
Page 205 - ... 2. In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties, and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing, under the same title, and in the same capacity.
Page 175 - In all cases of mutual debts or mutual credits between the estate of a bankrupt and a creditor the account shall be stated and one debt shall be set off against the other, and the balance only shall be allowed or paid.
Page 646 - The county court of each county, when it appears necessary or convenient, may appoint guardians for the persons and estates, or either, or both of them, of minors who have no guardian legally appointed by will, or deed, and who are inhabitants or residents of the county, or who reside without the State and have estate within the county.
Page 450 - All proceedings and actions before a justice's or police court, or a municipal court, for a public offense of which such courts have jurisdiction, must be commenced by complaint under oath, setting forth the offense charged, with such particulars of time, place, person, and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint.
Page 9 - When no provision is made in the by-laws for regular meetings of the directors and the mode of calling special meetings, all meetings must be called by special notice in writing, to be given to each director by the secretary, on the order of the president, or if there be none, on the order of two directors.
Page 648 - The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the father of a legitimate child is able to give are inadequate, the mother must assist him to the extent of her ability.
Page 697 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item, proved in the account on either side.
Page 541 - London Conveyance Company," or any other words, but they have a right to call upon this court to restrain the defendant from fraudulently using precisely the same words and devices which they have taken for the purpose of distinguishing their property, and thereby depriving them of the fair profits of their business by attracting custom on the false representation that carriages, really the defendant's, belong to, and are under the management of the plaintiffs.
Page 640 - Where the record is silent as to what was done, it will be presumed that what ought to have been done was not only done, but rightly done: but when the record states what was done, it will not be presumed that something different was done.